|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-1320||Ark. S. Ct.||Feb 22, 2012||May 24, 2012||6-3||Roberts||OT 2011|
Holding: The Double Jeopardy Clause does not bar the state from retrying Blueford on charges of capital murder and first-degree murder after the jury in Blueford’s original trial told the trial court that it had voted unanimously against those charges but was deadlocked on the manslaughter charge against him and eventually failed to reach a verdict, causing the court to declare a mistrial.
Plain English Summary: The defendant can be tried again on two serious charges even though the jury in the defendant's first trial unanimously agreed that the defendant was not guilty of those charges. Because the jury could not agree on the other charges in the case, the judge could properly declare a mistrial, requiring the defendant to face a second trial on all charges. The judge was not required to take a partial verdict acquitting the defendant on some of the charges.
Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on May 24, 2012. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg and Kagan.
Merits Briefs for the Petitioner
Amicus Briefs in Support of the Petitioner
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050